A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On September 26, 201, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a crime of violating road traffic law in the official support of the Daejeon District Court on September 26, 201, and a summary order of KRW 4 million as a fine for the same crime in the military support of the Jeonju District Court on January 28, 2014.

[2] On June 12, 2018, the Defendant driven a DK3 vehicle while drinking alcohol on the road near the west-gun of North Korea on June 12, 2018 at around 22:15, while receiving a report from a person who was killed and wounded, and was called for, the Defendant driven the vehicle under the influence of alcohol by the Defendant, such as smelling and smelling on the face of the police box in front of the police box in front of the police station.

There are reasonable grounds to determine a person, who is requested to respond to the measurement of drinking on the same day by inserting the first measurement of around 22:50 on the same day, the second measurement of around 22:56 on the same day, and the second measurement of around 23:01 on the same day, and the second measurement of drinking in three times on the same day, but fails to comply with a police officer's request for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on internal investigation:

1. On-site photographs;

1. Application of Acts and subordinate statutes to a written statement;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing of Article 62-2 of the Criminal Act, including the observation of protection and community service and the order to attend a lecture, the Defendant, even though having been punished twice or more due to drinking driving, was engaged in drinking at once, and the Defendant, after the driving of drinking was discovered, shall not be deemed to have complied with a police officer’s request for measurement of drinking, etc.

However, the punishment as ordered shall be determined by comprehensively taking into account various circumstances shown in the pleadings of this case, such as the fact that the defendant is against the defendant, the fact that there is no record of crime exceeding the fine, the age, drinking volume, the circumstances and results of the crime, driving distance, etc. of the defendant.